DEFINITION AND EXCLUSIONS
AMERICANS WITH DISABILITIES ACT (ADA)
AND/OR SECTION 503/504 OF THE 1973 REHABILITATION ACT
The following definitions and exclusions are derived from the ADA and the 1973 Rehabilitation Act.
A "qualified" individual with a disability is a person with a disability who satisfies the requisite skill, experience, education and other job-related
requirements of the employment position, and who, with or without reasonable accommodation, can perform the essential functions of the position. Employees who do not meet the definition of "qualified" are not protected by the ADA or the Rehabilitation Act.
Employees who are currently engaging in the illegal use, possession, distribution of controlled substances are specifically excluded from the definition. Individuals whose current use of alcohol prevents them from performing their job duties or whose employment, by reason of such current alcohol abuse, would constitute a direct threat to property or the safety of others, would not qualify as an individual with a disability. NOTE: Employees who are currently participating in, or who have successfully completed, a supervised drug rehabilitation program or who have otherwise been successfully rehabilitated and no longer using drugs or alcohol are covered.
Specifically excluded from the definition of a disability are transvestitism, transsexuality, homosexuality, bisexuality, pedophilia, exhibitionism, voyeurism, gender identity disorders not resulting from physical impairments, other sexual behavior disorders, compulsive gambling, kleptomania, pyromania, and psychoactive substance-use disorders resulting from current illegal use of drugs.
Also excluded are employees who have a currently contagious disease or infection and who, by reason of such disease or infection, would constitute a direct threat to the health or safety of others, or who, by reason of the currently contagious disease or infections, are unable to perform the duties of the job.
The ADA also prohibits discrimination on the basis of a relationship or association with an individual with a disability.